BAY MINETTE —The Baldwin County Commission has ordered an immediate disabling of audio capabilities for surveillance cameras installed in June in stairwells and halls of courthouses in Bay Minette, Foley and Fairhope which may have compromised …
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BAY MINETTE —The Baldwin County Commission has ordered an immediate disabling of audio capabilities for surveillance cameras installed in June in stairwells and halls of courthouses in Bay Minette, Foley and Fairhope which may have compromised attorney-client privileges and may have severe legal and financial repercussions.
Baldwin County Presiding Circuit Judge James Reid also has ordered a download of all oral communications recorded during the last 30 days for access by anyone who thinks their conversations may have been recorded.
Commission Chairman Bob James said late Wednesday a grant issued by the Department of Justice provided the procurement and installation of the recording devices.
The commission is required by federal mandate to provide funding for security in public buildings. Sheriff Huey “Hoss” Mack is in charge of maintaining the security operations.
“On Monday, the Baldwin County Commission learned that the audio gathering and recording functions of the security cameras, while furnishing a legitimate security benefit, might possibly raise unintended legal issues,” James said in an email.
“Upon learning this information, and out of an abundance of caution, the Baldwin County Commission immediately took steps to disable the audio gathering and recording functions of the security cameras in question.”
The Baldwin County Commission is presently conducting an inspection of all county buildings, which are open to the public, to determine if additional remediation is warranted.
The efforts undertaken by the Baldwin County Commission were made in conjunction with the Baldwin County Sheriff's Department and the Baldwin County District Attorney.
Commissioner Frank Burt said commissioners have been exiled by judges, District Attorney Hallie Dixon and Mack concerning the revelation and financial repercussions.
Addressing county counsel in an email, Burt said, “As the County Commission attorneys, I am hopeful that with your guidance we will provide our own “press release,” separate and apart from whatever has already been planned by the other parties that have been involved in this matter for what appears to be a number of days.
“I am hopeful that you will represent us and not get us pulled into the middle of a matter that I was not aware of until yesterday, Tuesday, Nov. 1, at about 10:30 a.m.”
Burt said he was concerned that the audio component may bring a “line” of attorneys suing for invasion of privacy.
“I am very concerned about where this appears to be headed and I am hopeful that we will get out in front of this with the absolute truth to the point that you advise us is prudent,” Burt told staff attorneys in an e-mail.
Reid said the audio is being downloaded and may take some time because of the size of the file. He said he will issue an order sealing the recordings and directing Circuit Clerk Jody Campbell as caretaker.
“It is appropriate to disable the audio component until we get clear guidance,” Reid said. “I did not know there was audio recording. It will be preserved by court order and available to anyone who shows a need to review them.”
Bay Minette defense attorney John Beck said late Wednesday that if the “revelations” were true, he was “upset beyond measure. It’s 100 percent illegal and a violation of federal law,” Beck said. “If my clients were compromised by listening devices, I will take appropriate measures.”
District Attorney Hallie Dixon, judges, Mack, Commissioners, Commission attorneys and other agency representatives met late Wednesday to review the circumstances. Burt said he left when he realized the county “had deep pockets,” perceived liability by approving the grant without carefully examining the capabilities of the hardware and that Commission input was not requested.
The number of devices is not immediately available, but may be more than 40. Burt is currently reviewing capabilities of the devices in terms of audio sensitivity and video zooming which may allow security officers to view text messages.